Murdered Woman's Son Gets New Home

Dupage Judge Rules For Grandmother

September 24, 1999|By Ted Gregory, Tribune Staff Writer.

In Jean Tawrel's mind, her murdered daughter's soul has been tormented for the three years since the younger woman's slaying. Over that time, Tawrel has been fighting to obtain custody of her grandson--a boy whose mother, Aileen Tawrel, was killed by his father.

On Thursday afternoon in a tense and crowded Wheaton courtroom, DuPage County Judge Robert J. Anderson gave Tawrel custody of the 4-year-old, removing the boy from the home of the father's family.

"I only want to say one thing," Tawrel said, tears welling in her eyes. "Today, my daughter is resting in peace."

On her lapel was a round button with a photo of the boy in a backward baseball cap. Hanging from Tawrel's necklace was a tiny gold cross.

After Anderson's ruling, Tawrel embraced the eight relatives and friends who attended Thursday's hearing. She embraced her attorney, William Axley. She embraced her grandson's court appointed attorney, Brigid Duffield. Tawrel even embraced the sheriff's deputy assigned to the courtroom.

"I'm very happy," she said. "Three years has been a real struggle."

A few feet down the hall, about a dozen friends and family of the man convicted of the slaying, Richard Jaynes, stood simmering. A few taunted Duffield, who had recommended the boy be placed with Tawrel, as Duffield passed. They declined to comment on Anderson's ruling, as did their attorney, Neal Cerne.

In his half-hour explanation, Anderson said that nearly every one of the seven experts who testified during the three-month trial recommended the boy be placed with Tawrel, who lives in Addison with a 31-year-old son, Rich.

Anderson specifically cited the recommendations of Duffield and Dr. Demetri Dres, a "neutral" court appointed psychologist who testified that placing the boy in Tawrel's home was in the child's best interest. Anderson also stated that the testimony of a psychologist for Jaynes' family, who recommended the boy be placed with Jaynes' mother and her husband, was "substantially impeached on cross-examination."

Early in his explanation, Anderson told both sides they must cooperate.

"Whatever I decide, most of what happens to (the boy) is going to be decided by you guys and how you handle things," Anderson said. He ordered that none of the boy's family discuss his case with him unless a therapist or counselor is present. "I would encourage you to try and work together for (his) best interest."

At the end of his ruling, Anderson said, "I know all of you want to do the right thing for (the boy). Whether your emotions will let you do that is up to you."

The placement will occur gradually over the next four weeks, Anderson ordered. He prohibited Richard Jaynes from any contact with his son.

Jaynes' mother and her husband, Linda and Mitch Patterson, will have the child every other weekend, one night a week and for two weeks in summer. Anderson also arranged a holiday visitation schedule in which the boy spends Christmas Eve, Father's Day and the 4th of July with his paternal grandmother. He will spend Christmas, Easter, and Mother's Day with Tawrel. Both families will share the boy on Thanksgiving and Halloween, Anderson ordered.

Richard Jaynes, 28, beat and strangled Aileen Tawrel, 23, a shoe saleswoman who had lived with Jaynes for several years, July 21, 1996. In July 1998, exactly two years after the murder, a jury convicted Jaynes of first-degree murder. A judge sentenced Jaynes to 40 years in prison in October.

Jaynes, who attended Thursday's hearing accompanied by two Illinois Department of Corrections officers, had exercised his right to custody through his mother after the murder. The boy had been living with the Pattersons since then, although he was visiting Jean Tawrel two or three days a week.